Extension Of Same Sex Partner Visa UK (5 Years Route)
If you currently hold a same-sex partner visa under the 5-year route, you may be eligible to apply for an extension or renewal, provided you meet the specific requirements outlined in Appendix FM of the Immigration Rules. The application for extending a same-sex partner visa under the 5-year route is submitted online using form FLR (M). For faster processing, you can utilize the Super Priority Service and receive a decision within 24 hours.
Should you face challenges meeting the financial or English language criteria under the 5-year route, there is an option to switch to a same-sex partner visa under the 10-year route without leaving the UK. This ensures your continued lawful residence while addressing the unmet requirements.
Expert Legal Support for Same-Sex Partner Visa Extension (5-Year Route)
Aden & Co Solicitors provides professional legal assistance for same-sex partner visa extensions. Our experienced team of family visa solicitors offers free initial immigration advice online, guiding you through the renewal process. You can submit your query online for free advice or book a detailed consultation with one of our immigration specialists for comprehensive support with your same-sex partner visa extension application in the UK.
Expert Legal Services for Same-Sex Partner Visa Extension (5-Year Route)
Aden & Co Solicitors offers expert advice and fixed-fee legal representation for same-sex partner visa extensions under the 5-year route. Our dedicated family visa solicitors have successfully assisted thousands of clients in securing visa extensions, providing fast, reliable, and client-focused services. Whether you’re applying through the standard process or using the Super Priority Service for a decision within 24 hours, our team ensures your application is meticulously prepared and promptly submitted.
At Aden & Co Solicitors, we take pride in delivering top-tier UK immigration legal services. Our team of highly experienced immigration solicitors is known for excellence, as reflected in our 5-star rating by 99% of our satisfied clients on Google Reviews. Trust us for professional and dependable immigration solutions tailored to your needs.
Cost of Extending a Same-Sex Partner Visa (5-Year Route): A Detailed Guide
If you’re applying to extend your same-sex partner visa under the 5-year route, understanding the associated costs and professional services available is crucial. Here’s a breakdown of the fees and services provided by Aden & Co Solicitors.
Fixed Fees for Your Application
At Aden & Co Solicitors, we offer a transparent fee structure for processing your visa extension application. Our fixed fees range from £1,000 + VAT to £1,500 + VAT, depending on the complexity of your case and the amount of work involved.
Our comprehensive service includes:
- Advising on the required documentation.
- Reviewing and verifying your documents.
- Completing and submitting the application online.
- Scheduling your biometric enrolment appointment.
- Preparing a professional cover letter in support of your application.
- Uploading all supporting documents for Home Office UKVI consideration.
- Providing follow-up support until the Home Office issues a decision.
You’ll be required to pay 50% of the agreed fee at the start of your application process. The remaining 50% is payable once the application is fully prepared and ready for submission.
One-Off Immigration Advice and Consultation Service: Book a consultation for a fixed fee of £100 (including VAT).Document Checking Service: Ensure your documents are in order for a fixed fee of £300 (including VAT).
UKVI Application Fees: Complete Breakdown
When submitting your application through Aden & Co Solicitors, you must also cover the mandatory Home Office UKVI charges. The standard UKVI application fee is £1,258, accompanied by an Immigration Health Surcharge (IHS) of £2,587.50, bringing the total UKVI payment to £3,845.50.
For those seeking faster processing, an optional Super Priority Service is available for an additional £1,000, ensuring your application is reviewed and decided within 24 hours. This premium service offers a significant time advantage for urgent cases.
Can I Use the Super Priority Service for an Extension of Same-Sex Partner Visa (5-Year Route)?
As expert family visa solicitors at Aden & Co Solicitors, we are officially registered with the UK Home Office, UK Visas & Immigration (UKVI), and its commercial partner UKVCAS Sopra Steria to offer the Super Priority Service for same-sex partner visa extensions. With this service, a decision on your visa application is provided within 24 hours, ensuring a quicker and more reliable outcome compared to the standard waiting times.
Our dedicated solicitors at Aden & Co Solicitors can expertly prepare and submit your same-sex partner visa application using the Super Priority Service, significantly reducing your waiting period. This means you no longer have to endure the uncertainty of waiting for months—or even years—for a decision.
Steps to Apply for a Same-Sex Partner Visa Extension (5-Year Route)
If you wish to extend your same-sex partner visa under the 5-year route, follow these steps carefully:
- Complete the FLR (M) Online Application
Access and fill out the online application form FLR (M) available on the UKVI website. - Submit Your Application and Pay the Fees
Submit your completed application online, ensuring you pay the required Home Office fees, including the Immigration Health Surcharge (IHS). - Book a Biometrics Appointment via UKVCAS
Create an account on the UKVCAS portal and schedule your biometrics appointment. - Upload Supporting Documents
Upload all supporting documents to the UKVCAS portal before your biometrics appointment. - Attend Your Biometrics Appointment
Take your BRP card, passport, and appointment confirmation letter with you when attending the biometrics appointment. - Wait for a Decision
- Standard Service: Expect a decision within 3 to 6 months.
- Super Priority Service: Receive a decision within 24 hours after biometrics submission.
What Are the Eligibility Criteria for a Same-Sex Partner Visa Extension (5-Year Route)?
To apply for a same-sex partner visa extension under the 5-year route in the UK, applicants must meet the following criteria:
Valid Application
Applicants must submit a valid application for a same-sex partner visa extension under the 5-year route, complying with the guidelines in Appendix FM of the UK Immigration Rules.
Immigration Status
The applicant must already be in the UK on a same-sex partner visa under the 5-year route and must apply for an extension before the current leave expires.
Relationship Requirement
The applicant must be in a genuine and subsisting relationship with a same-sex partner who is:
- A British citizen
- A person with indefinite leave to remain (ILR) or settled status
- An EU national with pre-settled status
- A refugee or someone holding humanitarian protection
- A holder of a Turkish Businessperson or Turkish Worker visa
Adequate documentary evidence must be provided to prove the authenticity and continuity of the relationship.
Suitability Requirement
The applicant must meet the suitability criteria outlined in Appendix FM of the Immigration Rules, ensuring there are no grounds for refusal such as criminal convictions or breaches of immigration laws.
Financial Requirement
Applicants must demonstrate that they meet the financial threshold without relying on public funds. This requirement can be fulfilled through:
- Income from employment or self-employment (from either the applicant or the UK sponsor)
- Savings of the applicant and/or sponsor
- Rental income from properties owned by the applicant or sponsor
Accommodation Requirement
Applicants must show evidence of adequate accommodation for themselves and their family members who live in the same household. The accommodation must be owned or exclusively occupied by the family without recourse to public funds.
English Language Requirement
Applicants must prove their proficiency in English at CEFR Level A2 or higher, as stipulated in the Immigration Rules.
Transitional Financial Requirement for Extension of a Same-Sex Partner Visa
Aden & Co Solicitors highlights the transitional financial requirements set by the Home Office UKVI for applicants who initially applied for a fiancé(e), proposed civil partner, or partner visa before 11 April 2024. These individuals were granted permission on the five-year route to settlement under Appendix FM of the Immigration Rules. According to paragraph E-LTRP.3.5, applicants on the five-year settlement route, or those with permission as a fiancé(e) or proposed civil partner, must meet the transitional financial criteria.
If the applicant’s original application under Appendix FM was successful and submitted before 11 April 2024, they are required to demonstrate a minimum gross annual income of £18,600. However, if the financial requirement exceeds £29,000 due to the number of dependent children in the family, the applicant must only show evidence of a gross annual income of £29,000.
For individuals applying with the same partner for whom they were last granted permission, the transitional financial threshold of £18,600 remains applicable. Those applying with a new partner must meet the higher financial requirement of £29,000 gross per year.
Income Requirements Based on Family Composition
The applicant must provide verifiable proof of their UK sponsor’s income as outlined below:
| Applicant Category | Minimum Gross Income Required |
|
Applicant with no dependent children |
£18,600 per annum |
|
Applicant with 1 non-settled/non-British child |
£22,400 per annum |
|
Applicant with 2 non-settled/non-British children |
£24,800 per annum |
|
Applicant with 3 non-settled/non-British children |
£27,200 per annum |
|
Applicant with 4 or more non-settled/non-British children |
£29,000 per annum |
How to Satisfy the Financial Requirements for UK Visa Applications
Meeting the minimum income threshold is a crucial step in many UK visa applications. Applicants can fulfill this requirement through several recognized financial sources. Here’s a breakdown of the five main categories:
- Income from Employment (Category A & B)
Earnings from salaried or non-salaried employment of either the applicant’s partner or the applicant (if they are legally permitted to work in the UK) fall under this category. The distinction between Category A and B depends on the duration and consistency of employment history. - Non-Employment Income (Category C)
This includes income from sources such as property rentals, dividends from shares, or other non-salaried investments. These additional income streams can significantly contribute to meeting the financial threshold. - Cash Savings (Category D)
Cash savings exceeding £16,000 that have been held by the applicant and/or their partner for at least six months can be used. These savings must remain under their control and can serve as a standalone source or supplement other income categories. - Pension Income (Category E)
State, occupational, or private pensions from either the applicant or their partner qualify under this category. Both UK-based and foreign pension schemes are acceptable forms of income. - Self-Employment or Business Income (Category F & G)
Income from self-employment or as a director or employee of a specified limited company in the UK can also satisfy the financial requirement. The categorization as F or G depends on the financial year(s) being assessed.
When Does the Financial Requirement Exemption Apply?
Applicants can be exempt from meeting the standard income threshold of £18,600 if their partner in the UK is receiving certain specified benefits or allowances. In such cases, the applicant must demonstrate “adequate maintenance” instead of meeting the financial threshold. The benefits and allowances that qualify for this exemption include the following:
- Carer’s Allowance
- Disability Living Allowance (DLA)
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Personal Independence Payment (PIP)
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
- Police Injury Pension
If the applicant’s partner is receiving any of the listed benefits or allowances, either for themselves or on behalf of a child, they may qualify by showing evidence of “adequate maintenance.” The required documentation to confirm receipt of these specified benefits is outlined in Appendix FM-SE.
How Is Adequate Maintenance Calculated for a Same-Sex Partner Visa Extension?
Aden & Co Solicitors explains that UKVI applies a specific formula to assess whether applicants meet the adequate maintenance requirement when extending a same-sex partner visa within the UK. This formula ensures that your available income is sufficient after housing costs are accounted for.
The calculation is as follows:
A – B ≥ C
A represents your net income (after deducting income tax and National Insurance contributions).
B stands for your housing expenses, including rent and council tax.
C is the threshold amount equivalent to the Income Support a British family of the same size would receive.
What Are the Immigration Status Requirements for Extending a Same-Sex Partner Visa (5-Year Route)?
To successfully extend a same-sex partner visa under the 5-year route, applicants must meet specific immigration status criteria set out in the UK Immigration Rules. The applicant must currently hold valid leave to remain as a same-sex partner under Appendix FM and must submit a timely application for an extension from within the UK.
An extension application may also be made within 14 days after the expiry of the current same-sex partner visa. Although such an applicant will technically be an overstayer, the application can still succeed under the 5-year route provided the applicant has not overstayed for more than 14 days and has a reasonable explanation for the delay. However, if the applicant has overstayed for longer than 14 days, they may need to switch to the 10-year route for a same-sex partner visa.
What Are the English Language Requirements for Extending a Same-Sex Partner Visa (5-Year Route)?
Applicants must provide evidence to meet the English language requirement at A2 level of the Common European Framework of Reference (CEFR) in speaking and listening through an approved test provider, unless they qualify for an exemption. The following categories fulfil the English language requirement:
- Nationals of a majority English-speaking country
- Applicants who have passed an A2 level English test in speaking and listening from a Home Office-approved provider
- Applicants holding an academic qualification equivalent to a UK bachelor’s, master’s, or PhD degree, recognised by UK Ecctis, and taught in English
Exemptions from the English Language Requirement:
The English language requirement may not apply if:
- The applicant is 65 years or older
- The applicant has a disability (physical or mental condition) that prevents them from meeting the requirement
- Exceptional circumstances exist, preventing the applicant from meeting the requirement
Can I Switch from a Same-Sex Partner Visa (10-Year Route) to a Same-Sex Partner Visa (5-Year Route)?
Yes, if you are in the UK on a same-sex partner visa under the 10-year route, you may switch to the 5-year route at any time during the validity of your current leave. Ideally, you should transition to the 5-year route as soon as you meet both the financial and English language requirements. It is important to note that your eligibility for indefinite leave to remain (ILR) under the 5-year route will begin from the date your initial leave is granted under that route. Time spent under the 10-year route cannot be combined with time under the 5-year route for ILR purposes. Aden & Co Solicitors can assist in preparing and submitting your application through the Super Priority Service to help you receive a decision within 24 hours.
Can I Reapply for a Same-Sex Partner Visa Extension After Refusal?
If your same-sex partner visa extension application has been refused by the Home Office UKVI, you may reapply if you do not wish to challenge the decision through an appeal. Any fresh application must comply with the requirements set out in paragraph 39E of the Immigration Rules. It is advisable to submit your reapplication through the Super Priority Service to receive a decision within 24 hours. Aden & Co Solicitors can guide you through the process to ensure your application meets the necessary criteria for approval.
Can I Appeal Against a Refusal of a Same-Sex Partner Visa Extension?
If your same-sex partner visa extension application has been refused and you have been granted the right to appeal, you must file your appeal with the First-Tier Tribunal within 14 days of the refusal decision. Your appeal may be successful if the refusal is not in line with immigration rules or violates your right to private and family life under Article 8 of the European Convention on Human Rights (ECHR). The First-Tier Tribunal will hear and decide the appeal. Aden & Co Solicitors specialize in handling family visa appeals and can provide expert legal representation to help you challenge the Home Office’s decision effectively.
How Aden & Co Solicitors Can Assist You in Extending Your Same-Sex Partner Visa UK
Aden & Co Solicitors’ expert family visa team offers top-tier immigration advice and legal representation for extending your same-sex partner visa in the UK. Our services are delivered on a fixed-fee basis, ensuring transparency and reliability throughout the process. Our immigration solicitors will handle your application from start to finish, ensuring compliance with UKVI requirements for a successful outcome. Here’s a breakdown of how we can assist you:
Comprehensive Legal Guidance
Our solicitors will provide clear, step-by-step advice on the criteria you must meet to extend your same-sex partner visa, ensuring you are fully informed about the necessary requirements.
Tailored Documentary Support
We will create and send you a personalized list of required supporting documents to enhance the strength of your application. Each document will be meticulously assessed to ensure it meets Home Office standards.
Document Assessment and Verification
Your supporting evidence will be thoroughly reviewed by our team to confirm compliance with the immigration rules. This ensures your application is robust and free of errors.
Application Form Completion
Our experienced immigration lawyers will accurately complete your application form for the extension of your same-sex partner visa, reducing the risk of mistakes or omissions.
Priority Processing Services
If time is critical, we can submit your application through the Super Priority Service, enabling you to receive a decision within 24 hours.
Appointment Scheduling for Biometrics
Once the online submission is complete, we will book your appointment with the visa application centre for biometric enrolment and assist you in preparing for it.
Drafting a Detailed Cover Letter
Our legal experts will prepare a comprehensive cover letter to accompany your application. This letter outlines your circumstances and demonstrates how your application meets all relevant legal requirements, giving you the best chance of success.
Online Document Submission
Before your biometric appointment, our team will upload all the necessary documents to the UKVI portal, ensuring nothing is missed or overlooked.
Follow-Up and Decision Monitoring
We will carry out all necessary follow-up work and keep track of your application until a final decision is made by the Home Office. Our solicitors will keep you informed throughout the process, providing updates and addressing any queries.
Why Choose Aden & Co Solicitors for the Extension of Same-Sex Partner Visa (5-Year Route)?
Selecting Aden & Co Solicitors to assist with your same-sex partner visa extension is a decision rooted in quality, professionalism, and efficiency. Here’s why we stand out:
Exceptional Legal Services
At Aden & Co Solicitors, we are proud to offer high-quality legal services for the extension of same-sex partner visas in the UK. Our experienced immigration solicitors in London have earned a stellar reputation, reflected in our 5-star Google Reviews from 99% of satisfied clients who trust us for UK visa and immigration matters.
Convenient Remote Legal Assistance
Our specialist family visa solicitors provide expert advice and representation remotely, eliminating the need for in-person visits. Leveraging advanced technology, we handle your same-sex partner visa extension application from start to finish while ensuring seamless communication and personalized service. For clients who prefer face-to-face consultations, we warmly welcome you to our offices. However, remote services are a time-saving and cost-effective alternative.
Open Seven Days a Week
We understand the importance of accessibility and flexibility. That’s why Aden & Co Solicitors is available seven days a week, offering dedicated support and expert legal advice for same-sex partner visa extensions at your convenience.
Fully Qualified Immigration Solicitors
All casework is managed exclusively by our team of highly qualified and experienced immigration solicitors. With extensive expertise in same-sex partner visa applications, our legal team ensures that your application is meticulously prepared and strategically handled.
Fast-Track and Priority Visa Services
Time is often crucial in visa applications. Our expert solicitors are skilled at preparing and submitting same-sex partner visa extension applications promptly. Whenever possible, we utilize the Super Priority Visa Service for a decision within 24 hours, giving you peace of mind and minimizing waiting times.
Free Immigration Advice Online
Need initial guidance? Our family visa solicitors offer one-off free online immigration advice through our website’s enquiry form. This service allows you to seek clarity and direction before proceeding with your same-sex partner visa application.
Transparent Fixed Fees and Payment Plans
At Aden & Co Solicitors, we believe in transparency and affordability. Our fixed-fee structure includes an option to split payments into two installments. Pay half of the agreed fee when we begin your application and the remaining half once your application is fully prepared and ready for submission to the Home Office (UKVI).
What Additional Services Do We Offer for Same-Sex Partner Visas in the UK?
FAQs: Extension of Same-Sex Partner Visa (5-Year Route)
Below are the most frequently asked questions (FAQs) regarding the extension application for a same-sex partner visa under the 5-year route.
What Should I Do if My Same-Sex Partner Visa Extension Is Refused by the Home Office UKVI?
If your same-sex partner visa extension application under the 5-year route is rejected, you have two primary options:
Re-apply Within 14 Days
You may submit a fresh application for the same-sex partner visa extension within 14 days after the deadline for filing an appeal has expired. Aden & Co Solicitors offers expert legal guidance and assistance to help you re-apply successfully following a refusal.
Appeal Against the Refusal
You have the right to appeal the decision within 14 days of receiving the refusal notice. Our experienced appeal lawyers at Aden & Co Solicitors can represent you and provide specialist legal support in filing an appeal with the First-tier Tribunal (FTT) to challenge the refusal of your visa extension.
It is strongly advised to seek legal advice to determine the most appropriate course of action based on your specific circumstances.
What Are the Common Reasons for Refusal of a Same-Sex Partner Visa Extension (5-Year Route)?
The most frequent reasons for the refusal of a same-sex partner visa extension application under the 5-year route include:
- Failure to meet the financial requirements;
- Not meeting the English language criteria;
- The Home Office UKVI being unconvinced that your relationship with your UK partner is still genuine and ongoing;
- General grounds for refusal, such as allegations of using a proxy for the TOEIC test or providing false information in your application.
Can the Home Office Grant Leave Under the 10-Year Route if I Do Not Qualify for the 5-Year Route?
Yes, it is quite common for the UK Home Office (UKVI) to grant leave to remain under the 10-year route if the applicant allegedly fails to meet the specific requirements for the 5-year route.
If the Home Office grants leave under the 10-year route, the applicant will not have the right to appeal the decision in the First-tier Tribunal. Such a decision can only be challenged through a Judicial Review in the Upper Tribunal.
At Aden & Co Solicitors, our experienced team of Judicial Review specialists can assist you in challenging the Home Office’s decision. If you believe the decision to refuse leave under the 5-year route is unjust or unlawful, we can help you pursue a Judicial Review.
How Long Does It Take to Extend a Same-Sex Partner Visa (5-Year Route)?
The processing time for extending a same-sex partner visa under the 5-year route depends on the service you choose when submitting your application. Below are the typical timelines for each service:
Standard Service
Applications submitted under the Standard Service are usually processed within 3 to 6 months.
Super Priority Service
For those who require faster processing, the Super Priority Service offers a decision within 24 hours from the date of submission.
How soon can I apply to renew my same-sex partner visa?
You can submit your application to renew your same-sex partner visa within 28 days before completing 30 months of residence in the UK. It is crucial to apply before your current same-sex partner visa expires to avoid complications.
Is there a residence requirement for extending the same-sex partner visa under the 5-year route?
The UK Immigration Rules do not impose a specific residence requirement for extending a same-sex partner visa under the 5-year route. However, since this visa category leads to settlement, the applicant is generally expected to reside in the UK with their partner permanently. Prolonged absences from the UK could raise concerns about the applicant’s genuine intention to settle in the UK with their partner.
What Documents Are Required for a Same-Sex Partner Visa Extension/Renewal Under the 5-Year Route?
The documentation required for the renewal of a same-sex partner visa may vary based on the individual circumstances of both the applicant and the UK sponsor. Typically, the following documents are necessary to support your application:
- Current and previous passports
- Biometric Residence Permit (BRP)
- UK sponsor’s immigration status documents, such as a British passport or ILR BRP card
- Proof of your relationship with your partner, including evidence of living together (e.g., utility bills, joint tenancy agreements, or correspondence addressed to both partners)
- Documents to demonstrate that you meet the financial requirement of earning at least £18,600 annually, such as payslips, bank statements, and other relevant evidence depending on your financial situation
- Proof of your UK accommodation (e.g., tenancy agreement, mortgage statements)
- Evidence of meeting the English language requirement, such as an approved English language test certificate or a degree taught in English
- Divorce certificate or dissolution of a previous civil partnership, if either you or your sponsor were previously married or in a civil partnership
Please note that the specific documents required to meet the financial criteria depend on how the financial requirement is fulfilled. Aden & Co Solicitors can provide tailored advice based on your personal situation and offer a detailed checklist of all necessary documents. Our expert immigration team ensures your application is comprehensive and compliant with UK immigration rules.
Will I Have an In-Country Right of Appeal if My Same-Sex Partner Visa Extension Is Refused?
In most cases, you will have an in-country right of appeal against the refusal of your same-sex partner visa extension under the 5-year route. However, this right may be restricted if the Home Office UKVI certifies that your human rights claim is manifestly unfounded. Aden & Co Solicitors can assist you in understanding your appeal rights and provide robust legal representation to challenge any refusal decision.
What is the difference between the same-sex partner visa 5-year route and the 10-year route?
The 5-year and 10-year routes for a same-sex partner visa differ significantly in terms of eligibility criteria and application requirements. Key distinctions include the following:
Qualifying Period for Indefinite Leave to Remain (ILR)
- 10-Year Route: Applicants are eligible to apply for ILR after 10 years of continuous leave as a same-sex partner.
- 5-Year Route: ILR can be applied for after 5 years of continuous leave as a same-sex partner.
Application Forms
- 10-Year Route: Applications are submitted using form FLR (FP).
- 5-Year Route: Applications are processed through form FLR (M).
English Language Requirement
- 10-Year Route: There is no requirement to meet an English language standard.
- 5-Year Route: Applicants must satisfy the English language requirement.
Financial Requirement
- 10-Year Route: No financial requirement needs to be met.
- 5-Year Route: Applicants must meet the financial threshold as outlined in the Immigration Rules.
EX1 Provisions under Appendix FM
- 10-Year Route: The applicant must fulfill the criteria under EX1 of Appendix FM, which generally applies to exceptional circumstances, such as family life or insurmountable obstacles to living outside the UK.
- 5-Year Route: Meeting the requirements under EX1 is not mandatory.
What Are the Mandatory Suitability Grounds for Refusal of a Same-Sex Partner Visa Extension (5-Year Route)?
An application for the extension of a same-sex partner visa under the 5-year route will face mandatory refusal if any of the following conditions are met:
- Deportation Order: The applicant is currently subject to a deportation order.
- Criminal Convictions: The applicant’s presence in the UK is deemed not conducive to public welfare due to the following:
- A conviction leading to imprisonment for a minimum of 4 years.
- A conviction with a sentence of at least 12 months but less than 4 years, unless 10 years have passed since the sentence’s completion.
- The applicant’s offending behavior has caused significant harm or they are a repeat offender demonstrating a consistent disregard for the law.
- Undesirable Presence: The applicant’s presence in the UK is considered undesirable due to their character, associations, behavior, or any other factors, even if their convictions do not fall under the criteria mentioned above.
- Failure to Comply with Legal Requirements: Refusal may also occur if the applicant fails to meet certain obligations without reasonable justification, such as:
- Attending an interview.
- Providing requested information or physical data.
- Undergoing a medical examination or submitting a medical report.
- National Security and Exclusion Grounds: The applicant’s presence may be refused if the Secretary of State finds the following:
- The applicant is excluded from the Refugee Convention under Article 1F or denied humanitarian protection under paragraph 339D of the Immigration Rules.
- They pose a threat to national security as determined under Article 33(2) of the Refugee Convention.
- They have been convicted of a particularly serious crime and represent a danger to the UK community.
While evaluating whether an applicant’s presence is not conducive to public good, any legal or practical barriers preventing their immediate removal from the UK are disregarded.
What Are the Discretionary Suitability Grounds for Refusal of a Same-Sex Partner Visa (5-Year Route) Extension?
An application for the extension of a same-sex partner visa may be refused on suitability grounds if certain discretionary conditions apply. These grounds include cases where false information is provided, material facts are withheld, or specific obligations are unmet. Below are some key factors leading to potential refusal:
Mandatory Refusal Grounds
The applicant will generally face refusal if:
- Submission of False Information: False statements, documents, or representations are submitted in connection with the application, either knowingly or unknowingly.
- Failure to Disclose Material Facts: Important information relevant to the application has been withheld.
- Non-Compliance with Maintenance and Accommodation Undertakings: If a maintenance and accommodation undertaking, requested under Paragraph 35 of the Immigration Rules, is not provided.
- Investigation into Marriage or Civil Partnership: If the applicant or their partner has not complied with the investigation of their proposed marriage or civil partnership as notified under section 50(7)(b) of the Immigration Act 2014.
Discretionary Grounds for Refusal
In certain cases, refusal may be discretionary if the applicant has:
- Previous False Representations: Provided false information or omitted material facts in a previous visa application (entry clearance, leave to enter, remain, or human rights claim) or to obtain a supporting document from the Secretary of State or a third party.
- Misrepresentation for Residence Documents: Submitted false information or concealed facts to obtain a document indicating the right to reside in the UK.
- Unpaid Litigation Costs: Failed to pay litigation costs awarded to the Home Office.
- Outstanding NHS Debts: Been reported by relevant NHS bodies for failing to pay charges under NHS regulations for overseas visitors, with total outstanding charges amounting to £500 or more.